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Articles 1 - 13 of 13
Full-Text Articles in European Law
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
Competition Law And International Trade: The European Union And The Neo-Liberal Factor, David J. Gerber
All Faculty Scholarship
No abstract provided.
Equal Value In The European Union: Fiction Or Reality?, Taline Aharonian
Equal Value In The European Union: Fiction Or Reality?, Taline Aharonian
Buffalo Journal of International Law
No abstract provided.
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Legal Imagery In The "Garden Of England", Eve Darian-Smith
Indiana Journal of Global Legal Studies
Ms. Darian-Smith explores the relationship between law and the
concept of "landscapes, "which she describes as the spatial imagery
through which law is conceived and from which it draws meaning.
She first defines the complex and historically rich concept of the
"garden image," both in general and as it is seen in (and by)
England, its people, and its surrounding political, cultural, and
spatial contexts. In general terms, the garden image is injected into
issues of environmental law. Further, she notes that the garden has
been a fluid, ever-changing concept for England's society and its
developing legal system. Specifically, Darian-Smith …
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine Van Wezel Stone
Labor And The Global Economy: Four Approaches To Transnational Labor Regulation, Katherine Van Wezel Stone
Michigan Journal of International Law
This article examines the challenge to domestic labor regulation posed by the increasingly international economic and legal order. Part I analyzes the several ways in which increased global economic integration creates problems for labor. These problems include a decline in union bargaining power, a race-to-the-bottom in labor standards, and a weakening of labor's role as political actor. Part II identifies four approaches, or models, for transnational labor regulation that have emerged in the Western world in the past twenty years. These are: (1) preemptive legislation; (2) harmonization; (3) cross-border monitoring; and (4) extraterritorial jurisdiction. Part III explores the differences between …
The Liability Of Blood Banks And Manufacturers Of Clotting Products To Recipients Of Hiv-Infected Blood: A Comparison Of The Law And Reaction In The United States, Canada, Great Britain, Ireland, And Australia, 27 J. Marshall L. Rev. 465 (1994), Joseph Kelly
UIC Law Review
No abstract provided.
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
The Fourth Amendment Protection Against Unreasonable Searches And Seizures And The French Experience, Florence Sophie Boreil
LLM Theses and Essays
Under the American approach to criminal justice, freedom of the individual is of the utmost importance. The American criminal justice system reflects a distrust of abuse of power and an emphasis on protection of personal freedom. However, the French take a contrary approach; under French law, freedom is achieved through the State. This paper examines the protection of individuals’ rights in American and French criminal procedure. Focus will be given to tracking the police investigatory powers in each country through searches and seizures, and the impact that those powers have on individuals’ rights. This paper will assert that the police …
Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull
Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull
LLM Theses and Essays
As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …
The Relevant Market In European Merger Law, Benedicte Haubold
The Relevant Market In European Merger Law, Benedicte Haubold
LLM Theses and Essays
Due to the rapid acceleration of merger movements in the 1980s, the adoption of new merger regulation was a must for the European market. Before the new merger regulation was adopted in 1989, the European Commission used to apply the general competition rules of the Rome Treaty when dealing with mergers. The Commission used to interpret Articles 85 and 86 of the Rome Treaty as a means to condemn mergers that would lead to an abuse of a dominant position at a European level; at that time, there was an absence of complete and systematic control as far as structural …
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
International Arbitration And Procedures To Enforce Awards In The Relationship Between The United States And Germany, Michael Kronenburg
LLM Theses and Essays
Arbitration has long been regarded as a process that combines finality of decision with speed, low expense, and flexibility in solving problems. For these reasons, arbitration is often favored over litigation for dispute resolution. Particularly in international cases, a businessman may avoid litigation in a foreign country for various reasons: he may be unfamiliar with the proceedings; he may be afraid to find a “forum hostile” because of the different legal and cultural background of the judges; and he may wish to avoid the uncertainty concerning the law arising from the contract. Arbitration proceedings have been held constitutional by the …
European Community Law From A U.S. Perspective, George A. Bermann
European Community Law From A U.S. Perspective, George A. Bermann
Faculty Scholarship
Although less than forty years have passed since the founding of the European Economic Community (now the European Community), the lifetime of the Community is well marked temporally. The term of each Commission furnishes a convenient time-line for measuring the Community's progress in legal integration. Since the 1970s, each year has been punctuated by two or more "summit" meetings of heads of state or government. These summits not only are key markings in their own right, but also furnish an occasion for additional monitoring of the Community's state of health. Throughout the 1970s and into the 1980s, the Community submitted …
Regulatory Decisionmaking In The European Commission, George A. Bermann
Regulatory Decisionmaking In The European Commission, George A. Bermann
Faculty Scholarship
As an institution variously described as the "motor" or "engine" of European integration and as the European Union's "executive branch," the Commission of the European Communities finds itself at the center of Community decisionmaking. Yet its decisional processes are still quite poorly understood, at least in the United States. The relatively poor grasp of Commission decisionmaking is certainly not due to any general lack of interest in procedure within the American audience. The problem lies more in the highly restrictive view of decisionmaking that traditionally dominates procedural accounts of the Community institutions. Those accounts have tended to reflect three preoccupations. …
Poland's Progress: Environmental Protection In A Period Of Transition, Daniel H. Cole
Poland's Progress: Environmental Protection In A Period Of Transition, Daniel H. Cole
Articles by Maurer Faculty
No abstract provided.
Fundamental Constitutional Rights In The New Constitutions Of Eastern And Central Europe, Rett R. Ludwikowski
Fundamental Constitutional Rights In The New Constitutions Of Eastern And Central Europe, Rett R. Ludwikowski
Scholarly Articles
The goal of this article is to review the efforts of the drafters. This study analyzes the process of drafting the new bills of rights against the background of the Western experience. The paper consists of two parts. The first examines the genesis of American and European constitutional protection of human rights, including the socialist concept of the bill of rights. The second is an analysis of basic constitutional rights as provided in several new constitutions and constitutional drafts of the countries of former Soviet dominance.
The article also examines the actual records of these countries in human rights protection. …